Child support support needed

K

keepcalmandmoveon

New member
I have a few questions about child support. A year after order in place ex got a raise. I asked to change chuld support amount. I'm not getting a response from the ex to agree to a change in child support. Next step is a motion.

1. What amount is wortth a motion? My ex's pay went up last year which changes child support by over $100/month.

2. Can I ask the court for a retro payment from ex? Child support was supposed to be adjusted a few months ago. Ex dragged feet disclosing Financials and now not responding to have child support adjusted. Should I ask for costs as well?

3. Does this change percentage for s.7 expenses and do i ask court to change this on motion as well?

4. Should I ask the court to be removed from fro? There's no issue about payments being made. It's mire about the hassle of going through a motion every year to adjust an amount.

5. Is it fairly straight forward to self rep this sort of motion? What's the likelihood of amount being changed? Is there any reason a judge would deny the change in child support?
 
Someone else may weigh in but from what I understand, if its in your agreement to share financial info then you should file a motion for financial disclosure and then request cs update from there. That will give you an order for FRO.

If he was willing to provide updated income info you could work through FRO yourself as they have a way to update voluntarily. That will save you money and time in court.

You could pitch it to him that way. Send him an email basically laying out that your order dictates he provide annual disclosure for updated amounts. Should he fail to provide you with this required update within x days you will file a motion for disclosure with the courts and request costs." Then you would file the motion.
 
Just reread your post. You have his updated info? If yes, contact FRO. You can probably file updated paperwork with them first. Calculate the retro amount and file a statement of arrears as well. All of that will be provided to him to pay. If he refuses, then you will need a new order.

Your best first step today is to contact your case worker for info. Might save you the trip to court. When you speak to them, ask them what possible actions he could take against it and what you will need to do.
 
I was under the impression that fro doesn't change amounts even on consent. That a motion to change support is needed. Which is a pain if it has to be done annually.
 
Talk to your case worker. My partner was told his ex could file paperwork other than a motion to update. He provides all his information to them but they cant do anything with it without her consent.
 
keepcalmandmoveon said:
Can the child support amount agreed to in a court order be reduced if the recipient's income increases?
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The reason I ask is because I was told even if I earn $100,000 more than my ex or I become a millionaire it doesn't change the amount of child support I receive via the order. Only s.7 expenses would be effected. Is this correct? It seems wrong and unfair.
 
How is it wrong or unfair? You are either a millionaire or make significantly more than your ex in those scenarios. Its not fair for them to be paying you when your standard of living is higher in those cases.

CS is based on a calculation determined by income levels. It is to make sure the child(ren) receive a portion of the income from the other parent for their living expenses. Its not meant for the ex to get rich, live off their ex's income or drive the payor into poverty due to spite.

If the ex's income goes up cs does not get reduced. The tables are clear. The only ways cs gets reduced is if a) their income goes down; b) a child no longer is a "child of the marriage"; or c) the custody arrangement goes to an offset model.
 
rockscan said:
How is it wrong or unfair? You are either a millionaire or make significantly more than your ex in those scenarios. Its not fair for them to be paying you when your standard of living is higher in those cases.

CS is based on a calculation determined by income levels. It is to make sure the child(ren) receive a portion of the income from the other parent for their living expenses. Its not meant for the ex to get rich, live off their ex's income or drive the payor into poverty due to spite.

If the ex's income goes up cs does not get reduced. The tables are clear. The only ways cs gets reduced is if a) their income goes down; b) a child no longer is a "child of the marriage"; or c) the custody arrangement goes to an offset model.
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When I said not fair I meant for my ex if child support doesn't decrease if I get a raise.
I'm confused. If I get a significant raise at work the amount my ex pays me will go down or it won't. From what I've been told child support doesn't go down. Everywhere I read it only down if the ex's wage decreases.

What does this mean and where did you find it? c) the custody arrangement goes to an offset model
 
Child support is based on HIS wages not yours. You can have double the salary and it makes no difference. Whatever his annual income is, he pays you the table amount.

The OFFSET way is if you have 50/50 physical custody. Then you pay an offset amount. That is--you figure out the table amount with your income and he does the same. The difference between the two is paid to the lower earner. For instance: table amount for you is $500, table amount for him is $700, he pays you $200.

You never said if you are in an offset cs method. Im assuming he pays you full table support. Is this the case?
 
We are 50/50. It's the offset amount.
So my question is does the amount change on a yearly basis if one of our incomes change?
I can't find info on this anywhere.And it doesn't state in our order.
 
DO you have a clause in your order that says you exchange Notices of Assessment from CRA on a certain date each year? If so, do that and note any changes in income. If there are changes chat with your ex about consenting to the change in offset support. If ex becomes uncooperative then file a motion to have the amount altered, with the NOA's as your primary exhibit.
 
You should have an item in your agreement that states you update once a year based on income. Then the next year reflects the updates. If its offset its easier to update once a year regardless of if his income changes.

And yes to your other item about winning the lottery or you getting a raise. Child support is for the child and if you are sharing custody then you share expenses. Your child is the one benefiting from yours and your ex's incomes. You need to stop thinking in terms of what he owes you and think in terms of what you both owe the child.
 
rockscan said:
You need to stop thinking in terms of what he owes you and think in terms of what you both owe the child.
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Isn't child support one part of what we owe the children? Isn't it in the best interest of the children that parents understand why child support is paid and how the child support guidelines work?
 
Yes it is but from some of your posts youve demonstrated how unfair it is and that he owes. If he wants to be an ass and cause problems that not right but the comments about how if you make more money or win the lottery show you arent thinking about the kid. Wow how lucky that they have a wealthy parent. And how great they get to see both parents equally!

If your ex isnt forthcoming with info or updates then do what you have to but the attitude about how unfair the rules are to YOU isnt helpful.
 
Whoa whoa whoa there cowboy. I clearly state, in particular, in posts 7 and 9 that it's unfair to my ex not me. Please feel free to go back and reread them.
 
Youre not making any sense. You have an off set method yes? Then one of you pays the other child support. It doesnt matter what your order says for the original cs amount. One assumes that if both of you have had an income change, that amount is irrelevant and the new cs amount that is determined by the clause that says you update is the new amount.

Do you have a clause in your agreement that says you update?

If yes then you refer him to that. If no then you refer him to the federal child support guidelines where they clearly state that amounts are determined by CURRENT income. And if that fails, you refer him to the DBS v. Supreme Court case that outlines the duty to advise of income changes for child support purposes.

As for the not fair comments, you arent making any sense. You state its not fair that if your income goes up or you win the lottery and then say its not fair to your ex. This has nothing to do with fairness for either of you. Your combined incomes contribute to child support. If you get a raise and owe him money its for kid. If he makes more and pays you its for kid. If either of you arent updating income info yearly then you need to have that clearly spelled out in an amended order.

He provided you with updated financials. That update is what you use going forward. If theres a clause in your agreement that says cs updates for x date then you track the amount he owes (or you owe) from x date forward and work from there. If that date was May 1 then whatever the excess is fro May and June is owed and the new amount is paid going forward July to April next year. You then update again. Whatever he made last year is reflected in this update. You cant go back and recalculate if he doesnt know what his current income is. Youre also getting the increase in the current cs payments now.
 
Simmer down Rocky. I respond better to positive reinforcement. No need to get all worked up over this.
Maybe I should have worded things differently. I'm just trying to figure this out. Maybe you should have asked more questions before jumping to conclusions.

So let me see if I understand what you are saying.
In a sole custody arrangement child support is set but may change in special circumstances.
Ina shared custody arrangement cs is updated annually based upon both parents NOA line 150.

Is that correct?
 
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